Final Rule: FMNP Nondiscretionary Provisions of PL 108-265, the Child Nutrition and WIC Reauthorization Act of 2004

This is an affirmation by the Department of an interim rule as a final rule, without change amending the WIC Farmers’ Market Nutrition Program (FMNP) regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of state matching funds, and an increase in the maximum federal benefit level. These changes are intended to increase state agency flexibility in managing the program. The first two provisions became effective on Oct. 1, 2004, while the increased maximum federal FMNP benefit level was effective as of June 30, 2004.

The WIC Farmers’ Market Nutrition Program: Nondiscretionary Provisions of PL 108–265, the Child Nutrition and WIC Reauthorization Act of 2004, was published on Nov. 3, 2008, as an interim rule in the Federal Register (73 FR 65246). The rule provided a 60 day comment period that ended on Jan. 2, 2009.

No comment letters were submitted during the comment period. This interim rule amended the FMNP regulations to codify the three FMNP nondiscretionary provisions exactly as set forth in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of state matching funds, and an increase in the maximum Federal benefit level.

These changes are intended to increase state agency flexibility in managing the program. Because the nondiscretionary provisions have been implemented as set forth in the law, they are retained as written in this final rule. For reasons given in the interim rule, the Department is adopting the interim rule as a final rule without change. This action also affirms information contained in the interim rule concerning Executive Order 12866, the Regulatory Flexibility Act, Executive Order 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866.